The Carriage of Explosives by Road Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations impose requirements and prohibitions with regard to the carriage of explosives by road. They implement Council Directive 94/55/EC (O.J. No. L319, 12.12.94, p. 7) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road, insofar as the Directive Concerns explosives. This Directive seeks to apply the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as amended ( “ADR”)(Current edition (1995): ISBN 92 1 13904).

Part II: Mode of carriage

2.  Regulations 7 to 9 impose prohibitions on the carriage of explosives including the carriage of unclassified explosives, carriage in vehicles used to carry passengers for hire or reward and the carriage of explosive substances in bulk. Regulation 10 places a duty on the operator to ensure that the vehicle or container is suitable for the safety and security of the explosives being carried.

3.  Regulation 11 provides for the Health and Safety Executive to approve and publish a document called the “Approved Requirements for the Construction of Vehicles Intended for the Carriage of Explosives by Road”. This specifies the construction requirements to be satisfied by different types of vehicle. The type of vehicle in which explosives are to be carried is determined in accordance with regulations 12 and 13 and Schedule 3 depending on the type and quantity of explosives carried. Regulation 14 and Schedule 4 place restrictions on the carriage of mixed loads of different kinds of explosives and mixed loads of explosives with other dangerous goods.

Part III: Information

4.  Regulation 15 and Schedule 5 make provision with regard to the displaying of information on vehicles and containers. Regulation 16 requires the consignor to provide the operator with the information set out in Part I of Schedule 6. Regulation 17 requires the operator to ensure that the driver or attendant has in their possession the Transport Documentation, which is set out in Part II of Schedule 6. Regulation 18 requires the driver and attendant to keep the Transport Documentation readily available throughout the carriage.

Part IV: Safety and security during carriage

5.  Regulation 19 and Schedule 7 make provision with regard to the loading, stowage, unloading and cleaning of vehicles and containers. Regulation 20 requires the operator in certain circumstances to ensure that an attendant accompanies the driver and when the vehicle is parked and the driver not present, that a person competent to ensure the security of the explosives is in attendance. Regulation 21 imposes duties with regard to the route of carriage and parking and regulation 22 with regard to preventing accidents and unauthorised access to the explosives.

6.  Regulation 23 prohibits smoking or the production of an open flame on the vehicle and near the vehicle during loading and unloading. Regulation 24 requires the operator to ensure that the vehicle is equipped to take the measures set out in the emergency information in the Transport Documentation. Regulation 25 prohibits activity which is liable to create or increase the risk of fire and imposes the duties set out in Schedule 8. Regulation 26 makes provision with regard to the notification of emergencies and the taking of precautions for safety and security purposes.

Part V: Miscellaneous & general

7.  Regulation 27 makes provision with regard to the duration of carriage and the delivery of the explosives. Regulation 28 provides for a minimum age of 18 years for those engaged in the carriage of certain explosives. Regulation 29 enables the Health and Safety Executive to grant certificates of exemption from these Regulations. Regulation 30 provides for the enforcing authority for these Regulations to be the Health and Safety Executive. Regulation 31 provides for a defence to a contravention of these Regulations. Regulation 32 makes transitional provision. Regulation 33 and Schedule 9 make miscellaneous amendments, including amendments to the Classification and Labelling of Explosives Regulations 1983.

8.  The current edition of the European Agreement Concerning the International Carriage of Dangerous Goods by Road and the current edition of the United Nations Recommendations on the Transport of Dangerous Goods [ISBN 0 11 551265 9] may be obtained from Her Majesty’s Stationery Office; the current edition of the International Maritime Dangerous Goods Code [vols I to IV ISBN 92 801 1243 0, vol V ISBN 92 801 1248 1] may be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR; the current edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air [Doc 9284-AN/905 and supplement] may be obtained from the Civil Aviation Authority, Printing and Publishing Services, Greville House, 37 Gratton Road, Cheltenham, Gloucestershire, GL50 2BN; the British Standard BSEN 3-1: 1996 may be obtained from the British Standards Institution, British Standards House, 389 Chiswick High Road, London W4 4AL.

9.  The Approved Explosive Vehicle Requirements may be obtained from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS; Dillons; Rymans the Stationer and other booksellers. A copy of the cost benefit assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Safety Policy Directorate, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy has been placed in the Library of each House of Parliament.